The Odd Couple: Internet and Trademark Law

Loosely defined, a trademark is a symbol, picture, phrase, or other representation (a “mark”) used to identify a company. The golden arches are a widely recognized symbol (and trademark) of McDonalds. They give it a particular persona to identify the business.

A trademark is generally protected within the geographic locale of a business and within a specific business sector. As an example: You are in Omaha, Nebraska and want to start a pen and stationery business called Ink, Inc. A New York company has the same (or similar) name. This will not prevent you from doing business unless the New York company already has a store in Omaha, Nebraska. What's more, you can start a heating and cooling business called AA Hot even if there's already a hot dog company by the same name.